Human Rights Part B

Created by: Janelle101
Created on: 12-12-20 09:14

The European Convention on Human Rights (ECHR)

- European Convention for the Protection of Fundamental Rights and Fundamental Freedoms 1950.
- Enacted by the Council of Europe.
- Based on the Universal Declaration of Human Rights.
-Came into force 3rd September 1953.

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The Council of Europe

- At the time-representatives of 25 European states
- Today - 47 member states
- Cooperate on issues of human rights, democracy & the ruled of law.

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Is the Council of Europe an intuition of the EU?

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European Court of Human Rights (ECtHR)

Oversees the convention - hears cases against individual states by other states and by their citizens.

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Is the ECtHR a court of the EU?

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"Living instrument"

Article 3
Definition of torture has changed over the years.

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"object and purpose"

- To protect individual rights.
- Court will look behind the exact words used and look at the purpose behind them.
- Article 2 = right to life.

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"practical and effective"

- ECtHR may read words in
- Article 2 = right to life
- Article 6 = right to fair trial

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"margin of appreciation"

- State given some freedoms to regulate its own.
- Why? Some rights politically sensitive, or involve religious/cultural/moral/ethical issues where there is a diversity of traditions.

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Other cards in this set

Card 2

Front

The Council of Europe

Back

- At the time-representatives of 25 European states
- Today - 47 member states
- Cooperate on issues of human rights, democracy & the ruled of law.

Card 3

Front

Is the Council of Europe an intuition of the EU?

Back

Card 4

Front

European Court of Human Rights (ECtHR)

Back

Card 5

Front

Is the ECtHR a court of the EU?

Back

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Human Rights Part B